Font size:
Print
Attending Parliament Amid Incarceration
Context:
Incarcerated Khadoor Sahib MP Amritpal Singh has petitioned the Punjab and Haryana High Court for permission to attend the ongoing Parliament session, fearing that his prolonged absence could lead to the loss of his seat.
Legal and Parliamentary Context
- Amritpal, detained in Dibrugarh since April 2023 under the stringent National Security Act, won the 2024 Lok Sabha election while in prison.
- However, he has only managed to attend 2% of the parliamentary proceedings, according to PRS Legislative Research data.
- Since taking his oath in July, Amritpal has attended only one Lok Sabha sitting, while missing nearly 50 sittings due to his detention in Assam.
- Despite this, former Lok Sabha Secretary General P D T Achary stated that he does not recall any instance where Article 101(4) was invoked to disqualify an MP solely for absence.
Article 101(4)
- As per Article 101(4) of the Constitution, “If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant.”
- However, the calculation of the 60-day period excludes any time when the House is prorogued or adjourned for more than four consecutive days.
MPs’ Right to Seek Leave
- A crucial aspect of Article 101(4) is the provision allowing MPs to seek permission for long absences.
- The ‘Committee on Absence of Members from the Sittings of the House’ reviews such requests and makes recommendations, which are then ratified by the House.
- Historically, these applications are rarely denied.
- Moreover, even if an MP remains absent beyond the 60-day threshold, the House must formally declare the seat vacant through a vote, making disqualification an unlikely outcome for Amritpal Singh.
Amritpal retains the right to request leave, citing his incarceration as the reason for absence. Precedents suggest that imprisonment has been accepted as a valid ground for granting leave. For instance, in 2023, then Ghosi MP Atul Rai of the Bahujan Samaj Party was granted permission to remain absent for 23 consecutive sittings due to his imprisonment.
